BREAKING | Supreme Court Dismisses Kerala Govt's Challenge Against HC Direction To Relocate Rogue Elephant 'Arikompan' To Parambikulam

The Supreme Court on Monday dismissed the petition filed by the Kerala Government against the directions issued by the Kerala High Court to relocate the rogue elephant named 'Arikomban' from Munnar-Chinnakanal area to Parambikulam tiger reserve area.

A bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala declined to interfere by observing that the recommendation to relocate the elephant was made by a committee of experts.

"You have an expert committee and experts themselves have said that the elephant has to be relocated. It is a reasoned order. We will not interfere", CJI DY Chandrachud orally observed.

"If the expert panel has suggested something, the State cannot then go over and above", the CJI added while dismissing the State's plea. 

Though the matter was not otherwise listed today, a bench led by Chief Justice of India DY Chandrachud agreed to hear it today after an urgent mentioning was made by Senior Advocate Jayant Muthuraj on behalf of the State. Muthuraj mentioned that the High Court has given one week to relocate the elephant to an alternate space, failing which it has to be shifted to Parambikulam.  He highlighted that the elephant has killed seven people and destroyed several homes and therefore, the State had decide to relocate it to its elephant training centre to tame it. However, the High Court stopped that move and directed it to to be released to an alternate forest.

After the State's plea was dismissed, Advocate VK Biju, appearing another petition filed by settlers in Parambikulam area against the HC direction. The bench allowed Biju to mention that petition tomorrow.

The elephant had created a havoc in the tribal settlements in Idukki district and since it had a special penchant for rice, it used to raid ration shops and homes for rice, and hence it got the name 'Arikompan' (rice tusker).

In view of the threat faced by the tribal colonies in the region, the State Government decided to capture the elephant and relocate it to the elephant centre in Ernakulam district. Challenging this move, a group of animal rights activists moved the Kerala High Court. A division bench of the High Court stayed the relocation of the elephant by observing that shifting the animal from its natural habitat to force it to spend its remaining life in captivity will amount to cruelty. The High Court also constituted an expert committee to examine the matter. The expert committee recommended that the elephant be shifted to an alternate forest at Parambikulam and this recommendation was accepted by the High Court. This in turn was challenged by settlers of that region, who opposed the bringing of the dangerous pachyderm to their area.

Last week, the Kerala High Court refused to review the direction to shift the animal to Parambikulam. However, the court stated that if the State can find a suitable alternative to translocate the elephant within a week, it could shift the elephant to the new site, but if it fails to do so, then the animal should be relocated to Parambikulam.

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